Penticton man who set fire to brush near ICBC gets time served

Sparked fire near ICBC

Photo: Castanet file photo

Penticton man who set fire near ICBC sentenced in court.

A Penticton man who set a fire near a mid-town building will be release on time served.

Michael Flynn, 28, appeared in Penticton Provincial Court Tuesday for sentencing.

Court heard that on Jan. 28, 2025 before 7 a.m., calls came in to first responders about a fire in the shrub area by the ICBC building on Industrial Avenue in Penticton.

A bylaw officer saw a man with a camouflage jacket in the area with what appeared to be a burned pocket.

Police were dispatched, and one officer on the way saw Flynn stamping on what appeared to be some clothing smouldering.

The police officer then arrived on scene, and connected the two events.

He went back, and saw Flynn still stamping on the jacket. Flynn was arrested, and two lighters were seized from him.

Other witnesses corroborated the description of Flynn that morning, and a CCTV video matched as well.

He was released with an ankle monitor pending court proceedings, but then in August Flynn broke his restrictive bail conditions. His ankle monitor alerted authorities had had breached his allowed perimeter under house arrest conditions.

He was found by police in the Burger King parking lot, and was arrested again.

He had two lighters on his person again at that time, which he was also not supposed to possess as per his bail conditions.

Flynn has been in custody since then, and entered a guilty plea in the interim.

His lawyer Paul Varga explained Flynn has a substance abuse problem, and is currently unhoused, and that at the time of the arson he was likely just lighting a fire to seek warmth.

Court also heard that Flynn has a history of being unwilling to comply with probation terms, or be active in provided help.

Judge Lynett Jung said she hopes things turn around.

“This is a really sad case. You’ve had six months in custody to change your attitude, and you haven’t,” Jung said.

“I hope something I said today gets through to you. There’s help out there but you have to participate in it, and you have to realize you need it."

Once all the days he has already served behind bars had been calculated, Flynn was sentenced to one more day incarcerated, which was served via his appearance in court.

He will serve a period of 24 months of probation with many standard reporting and behavioural conditions, including a ban on possession of weapons and incendiary devices like lighters. There will also be mandatory counselling.